Decree Salvini - Immigration and security - 113-2018

Decree ‘Salvini’ (Decreto Legge n.113/2018): citizenship application updates

The definitive issue of the Security Decree (Decreto Legge n.113/2018), that modifies and complements the law n.91 of February 5th, 1992, introduces some new rules concerning Italian citizenship application. Let’s see them below.

Recognition of citizenship by marriage and by naturalization: the process is now up to 48 months

The Security Decree n.113/2018 extends up to 48 months (instead of former 24 months) the deadline to conclude the procedure for recognition of Italian citizenship by marriage and by naturalization. The 48 months term begins from the date of submission of the application.
The new term of 48 months also applies to the pending procedures on the date the Decree came into force.
The above will not apply to the procedures of citizenship application jure sanguinis (blood line), included the 1948 case maternal line.
Moreover, since the new term of 48 months refers to the procedures for granting Italian citizenship and not to procedures in which the citizenship is acquired automatically, the Italian citizenship request submitted by a woman married to an Italian citizen before 1983 seems excluded from these terms.

Deadline for issuing civil status certificates

The deadline for issuing the extracts and the civil status certificates required for the purposes of recognition of Italian citizenship is established within six months from the date on which the request is submitted by persons holding foreign citizenship.

Revocation of citizenship to persons convicted of terrorism

The Security Decree n.113/2018 introduces some hypothesis in which Italian citizenship acquired by marriage or naturalization can be revoked: these are cases in which citizens are considered a threat to Italian national security.
The revocation is triggered in the event of a definitive conviction for crimes committed for the purpose of terrorism or subversion of the constitutional order, for which the Italian law provides for imprisonment of not less than 5 years and at most 10 years.
The revocation of the citizenship is adopted by decree of the President of the Republic, upon the proposal of the Minister of the Interior, within three years from the sentence of conviction for the crimes mentioned.

Citizenship granted only to those who know the Italian language

The Decree establishes that the granting of Italian citizenship by marriage or by naturalization is subject to the possession of adequate knowledge of the Italian language, not lower than the B1 level of the Common European Framework of Reference for Languages ​​(CEFR).
The applicants will be required to certify the possession of a qualification in Italian language at the time of submission of the application; therefore this qualification should not be required for applications already submitted.
The B1 level must be certified by a public or equivalent educational institution recognized by the Ministry of Education or by the Ministry of Foreign Affairs; It is also effective a B1 level issued by a certification body recognized by Miur or Maeci.

Those who have signed the integration agreement and those who have a residence permit for long-term residents are excluded from the B1 certification.

Government fees for citizenship application raise from 200 to 250 euros

The Security Decree raises the amount of the citizenship application contribution, introduced by law n.94/2009, which passes from the current 200 euros to 250 euros.
This economic contribution applies only to some cases of Italian citizenship application: requests or declarations of election, purchase, repurchase, renunciation or grant of Italian citizenship. The economic contribution doesn’t apply for citizenship recognition ‘iure sanguinis‘.

Avv. Paola Caputi
ItalianPapers